INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioner's Recommendation IR8147/02/LM
2. The worker joined the Company as an information technician in January, 2002. She claims that she was unfairly dismissed on the 28th of February, 2002. Her initial duties were to operate a hand-held data collection system for use in the farming/veterinarian profession but, the worker claims, her actual duties also included office administration, receptionist and general office tasks. The worker's claim is that she was paid €200 per week for the first 4 weeks of her employment but nothing thereafter until her dismissal. When the worker told her employer that he owed her money, he wrote a cheque. When she went to the bank she found there were no funds in the account to cover the amount in the cheque.
The worker referred her case to a Rights Commissioner and her recommendation was as follows:
"The claimant is to be paid €1000 which includes an element of compensation for the unfair dismissal".
The worker appealed the recommendation to the Labour Court on the 16th of January, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Carlow on the 11th of September, 2003. The employer did not forward a written submission but at the hearing promised to send a bank draft for €1,000 to the Court by the following week. No draft has been received to date. The following is the Court's decision:
The employer gave a commitment to pay the worker the sum of €1,000 as recommended by the Rights Commissioner but has failed to do so. The Court has considered the grounds of the worker's appeal and decides that she should be paid the sum of €1,100 in full and final settlement of this claim. This payment should be made within ten days of the date of this Court's decision.
Accordingly, the Rights Commissioner's recommendation is varied and the worker's appeal is upheld.
The Court so decides.
Signed on behalf of the Labour Court
16th October, 2003______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.